France has a population of 63 millions and is a Republic headed by a President. Legislative power rests with a Senate and National Assembly from which are appointed a Prime Minister and Cabinet. For administrative purposes France is split into 24 Regions (Regions) (21 metropolitan Regions plus Corsica, the island of Réunion and the French Caribbean); 95 mainland Departments (Départements), 5 Overseas Territories, 325 Sub-Departments (Arrondissements) ; 4000 Districts (Cantons) and some 36 433 Municipalities (Communes). Each of the Departments are numbered (generally in alphabetical order) originally from 01 (Ain) through to for example, 89 (Yonne). The Capital of France (Région Ile de France), Paris is divided into the City of Paris (Département number 75), Hauts-de-Seine (92); Seine St- Denis (93) and Val de Marne (94). The country covers a land area of 551 695 km2.
Organisational Structure and Background
French legal metrology controls stem from the post-Revolution period. In 1837 the metric system of weights and measures was introduced. Thereafter legal units of measurement were implemented in the electrical, calorific and other areas and the field of application of controls extended so that today there are 37 categories of measuring instruments subject to French legal metrology control.
Responsibility for legal metrology is at central Government level. The Bureau de la Métrologie (BM) within the Regional Action, Quality and Industrial Security Directorate (DARQSI) is part of the Ministry in charge of industry. The BM defines the general rules of legal metrology, prepares regulations, survey designated and notified bodies, co-ordinates metrological controls, market surveillance and the work done by the DRIRE, participates in European or international meetings (Commission, WELMEC, OIML).
Surveillance of all stakeholders (verification bodies, manufacturers, repairers, installers and users) is administered through 24 Regional Directorates for Industry, Research and the Environment (DRIRE) who are accountable to the Ministry through the Regional Action, Quality and Industrial Security Directorate (DARQSI). The DRIRE deals with industrial development, energy, metrology, safety and local and environmental issues.
Fundamental metrology in France is since January 2005 the responsibility of the Laboratoire National de Métrologie et d'Essais (LNE) (previously it was the BNM). Due to historical reason several national laboratories are involved in this activity (see www.lne.fr/fr/metrologie/metrologie-francaise.asp). The LNE is a public body with commercial activities under the control of the Ministry in charge of Industry.
France has a comprehensive national QA accreditation structure in place. Accreditation of testing laboratories is by COFRAC (Comité Français d'Accréditation). Several bodies accredited by COFRAC as Certification bodies for quality systems provides QA third party certification.
France has a comprehensive national QA accreditation structure in place. Accreditation of testing laboratories is by COFRAC (Comité Français d'Accréditation). Several bodies accredited by COFRAC as Certification bodies for quality systems provides QA third party certification.
In legal metrology great use is being made of external non-governmental organisations to perform type approval work, initial verification, re-verifications and periodical verification of instruments in use. Tasks have been widely contracted out to private organisations complying with EN 17020 criteria and having traceable metrological standards and competence. Evidence of accreditation by COFRAC, the national accreditation body for testing laboratories, or equivalent accreditation, is also generally sought. Designation of designated or notified bodies is via the ministry, agreement of verification bodies is via the Préfet de Département (a political appointee representing the national government in the locality) [NB the agreement of verification bodies for in-service instruments is generally signed by the DRIRE on behalf of the Préfet] on the advice of the DRIRE and based on an initial audit carried out by his service. DRIRE inspectors monitor and audit the performance of the private companies by surveillance of instruments and premises. Approved verification bodies also have to report periodically to the DRIRE. This surveillance can result in DRIRE inspectors recommending the withdrawal of Préfet approval for the agreed verification bodies. The first external appointees came into operation on I January 1994 for non-automatic weighing instruments, petrol pumps, liquid petroleum gas pumps and road tanker meters, and engine exhaust gas analysers, it is now widely used for other categories.
For type examination and approval of quality systems of manufacturers and repairers the designated body is the LNE (certification department)
Since 2001 initial verification of many categories of measuring instruments are performed by private bodies designated by the ministry.
For many categories owners of instruments are required by law to maintain a Metrological Information booklet and keep it available for DRIRE inspection. The booklet retains details of verifications and repairs and any qualified company carrying out statutory periodic verification.
Equipment Subject to National Controls
(list updated in 2006 following the décret of 12 April 2006 transposing MID) if used for purposes listed in article 1 of the décret dated 3 May 2001
- Weights
- Non automatic weighing instruments
- Automatic weighing instruments
- Cold water meters
- Hot water meters
- Gas meters
- Orifice plate meters
- Gas volume conversion devices
- Gas mass measuring devices
- Active electrical energy meters
- Heat meters
- Instruments for determining energy repartition (other than heat meters)
- Measuring system for continuous and dynamic measurement of quantities of liquids other than water
- Depth gauges for liquids
- Bulk milk tankers
- Calibrated tank
- Materiel measures of length
- Odometers
- Area measuring instruments
- Multi -dimensional measuring instruments
- Exhaust gas analysers
- Smoke meters (Opacimeters)
- Manometers for vehicle tyres
- Speed meters
- Instruments to measure the distance between cars
- Breath analysers
- Tachographs
- Taximeters
- Sound meters
- Moisture meters for cereal grain
- Refractometers for grape
- Sugar meters for beet
- Thermometers for control of food temperature control or expertise
- Alcohol meter and alcohol tables
- Bottles used as measuring container
- Capacity measures for grain
- Capacity measures for liquid
Instruments are generally subject to type approval, initial verification and mandatory re-verification unless otherwise specified.
Type Examination
LNE - département Certification des Instruments de Mesure- is designated body for the national type approval. LNE is also notified body for EC type approval of NAWI and for modules B, H1 and other modules in the field of all specific annexes under MID.
All approvals previously issued by the Sous direction de la métrologie (SDM) French authority for legal metrology and by LNE (until 1 January 2002) are published directly on the Web site (http://www.industrie.gouv.fr/metro/). Approval from LNE are now published directly on its Web site (www.lne.fr/certificats-ddc/systeme-qualite-client.html). LNE is also designated to renew or amend when necessary the certificates previously issued by the ministry.
Initial Verification
National initial verification is performed by designated independent bodies (see list on www.industrie.gouv.fr ) or by approval of the quality system of manufacturer or the repairer. In fields where there is not yet a designated body DRIRE inspectors still perform initial verification. and in such a case initial verification fees are set by an arrêté.
The 24 DRIRE are still notified for EC verification of NAWI. LNE is notified for EC unit verification of NAWI. And approval of quality system of manufacturers.
Concerning MID LNE is notified for all modules except F and F1
Cognac Jaugeages and Mesure et Services are notified bodies for module F and F1 for some categories. Other candidates may be notified in the near future (please refer to NANDO data base).
LNE and other private designated bodies have their own tariffs.
Quality assurance is also used in the field of initial verification after repair. (see list of manufacturers and repairers with quality system approved and surveyed by LNE on www.lne.fr/fr/metrologie/metrologie_legale/liste_certificats_sq/liste_certificats_sq.pdf
The requirements are set in the décret dated 3 mai 2001 and the arrêté of 31 décembre 2001. For the quality system reference is made to ISO standard 9001 with the specific application to legal metrology (see WELMEC guides).
Control of instruments in service
Control of instruments in service is generally based on a mandatory periodical verification performed approved external bodies evidencing compliance with EN17020 and specific metrological requirements. (or by exception by the DRIRE in fields where delegation is not yet made).The list of verification bodies per category is available on the website http://www.industrie.gouv.fr/metro/.
Inspection intervals are:
trade weights 4 years weighing instruments in trade use - direct sales to the public(Max< 30 kg) 2 years other 1 year petrol pumps 1 year a taxi meters 1 year gas analysers 1 year Error allowances are generally mpe (maximum permissible error) x 2 for weighing instruments, mpe x I for most liquid measuring meters other than water.
Market surveillance
Market surveillance is performed by BM and the DRIRE. This activity is in development (it includes use of information gathered from classical metrological activities and a special budget for complete testing of some instruments).
Surveillance of instruments in service
In addition to spot check by the DRIRE, since 2005 systematic and national operation of instruments in service have been carried out. They are called " operation coup de poing".
They are prepared by BM and the DRIRE (agreement on the target, the tests and examination to be performed, the week of action, the gathering of data).
They touched the following fields : 2005 on fuel dispenses, 2006 on non automatic weighing for direct selling to the public, 2007 on road tankers, gas analysers.
Result are communicated to stakeholders and media.
Legal Metrology Practitioners and Scope
BM has 10 engineers working in legal metrology. There are 90 engineers, technicians and verification staff employed by the DRIRE (this figure is expressed in "full time worker equivalent", in practise there are more people involved but they have also other activities than metrology. The training of legal metrology officers is provided by the Ecole des Mines de Douai and has a specialised training in quality and metrology. The inspectors may cover a range of functions in the consumer protection area, dependent upon training, including : advice to businesses on legal requirements and ISO 9001, checks on vehicles (safety regulations), inspections of environmentally sensitive installations.
Sanctions
No system of administrative fines is available. Use of false or inaccurate instruments or the giving of short measure are criminal offences punishable by fine or imprisonment and subject to the jurisdiction of the courts. Other offences such as use of the instrument other than as approved or tampering with the verification stickers (green stickers attached to the instrument by the verification bodies or DRIRE inspector evidencing its testing and indicating the date when the next verification is due) is punishable by financial penalty imposed by the courts. Inspectors can confiscate instruments but would refer offences to the prosecuting authorities. Inspectors may issue written warnings. Fines are set by general legislation, not by specific legal metrology laws.
Directive 90/384/EEC
The Directive was implemented by Decree n° 91-330 of 27 March 1991 and a Arrêté of 22 June 1992 (both text were amended in 1996 to implement amendment of the directive by directive 93/68). The Article 1 point 2(a) category 1-6 instruments controlled by the Directive were all subject to French legal metrology controls prior to implementation of the Directive. Preexisting initial verification bodies DRIRE have been notified for EC verification. Since December 1999 LNE is notified body for EC type examination, EC unit verification and approval of quality systems of manufacturer (EC declaration of conformity). In the future private bodies will be notified for EC verification and the DRIRE will be de-notified.
No administrative gravity values as referred in Annex II point 5.2 have been identified The manufacturer is responsible to bring the instrument in conformity with the maximum permissible errors for the place of use. However the approach developed in guide WELMEC 2 is accepted.
The French implementing Decree does not make it an offence to use the weighing instrument below Min.
Certification and approval of manufacturers quality systems is based on existing national provisions, reliance being placed upon the WELMEC WG4 guidance for applying ISO 9001 and EN45000 criteria to manufacturers systems. The BM will continue to approve the necessary QA model. DRIRE provided as notified bodies the approval to manufacturers but they have been denotified for this activity , LNE is the only French notified body for this activity.
Directive 2004/22 (MID)
The directive was implemented by a décret dated 12 April 2006 and an arrêté dated 28 April 2006.
The directive is transposed for all categories even if a few of them are not subject to legal control in France (length measuring instrument, capacity serving measures). This gives the possibility to have notified bodies even in the field that are not regulated in France and also to assist other Member states in the field of market surveillance and exchange of information if needed.
BM is in charge of implementation of MID in general, the designation of notified bodies and market surveillance together with DRIRE
LNE is notified body for all modules except F and F1 and for all categories
Other private independent bodies have been notified for module F and F1 for different categories of measuring instruments (Cognac Jaugeages and Mesure et Services ) other have applied and maybe soon also designated (see Nando)
Updated February 2008
